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Judicial Power

Judicial Power

Examine the judicial power granted to courts under Article III of the Constitution, as well as the congressional checks on that power, and learn about the concepts of judicial review, judicial independence, and justiciability of cases.


Our Constitution is based on the idea that all power springs from the people, and “we the people” have given authority to govern to two different sovereigns: the federal government and the states. Separation of powers and federalism both have to do with how power is allocated between actors.

I. Article III

Article III outlines the judicial branch of the federal government. Section 1 creates one Supreme Court and authorizes Congress to create lower federal courts. Section 2 defines the...